Document / Data Retention Policy

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Lusona Consultancy

Document / Data Retention Policy

Date: 23/05/2018

Version: 1

 

Document type

How long to keep for (and source of requirement)

Personnel Records

  • Work-seeker records including application form/CV, ID checks, terms of engagement (see also below), details of assignments, opt-out notices and interview notes 

 

  • Hirer records including client details, terms of business (see below), assignment/vacancy details.

1 year from the last date of providing work-finding services as an Employment Agency or Employment Business (Conduct of Employment Agencies and Employment Businesses Regulations 2003 (Conduct Regulations))

 

Please note, there is no legal obligation to keep records where we take no action in relation to an application.

Terms of engagement with temporary worker and terms of business with clients

5 years in order to deal with any civil action in the form of contractual claim (Limitation Act 1980) (in Scotland).

 

Please note that 5 years is not a minimum legal requirement but is the time period in which a contractual claim can be made. We will still have to establish why it is necessary to keep these records.

Working time records:

  • 48 hour opt out notice
  • Annual leave records

2 years from the time they were created

References

Under data protection laws, we only keep records for as long as is necessary. However, the Conduct Regulations require references to be kept for 1 year following the introduction or supply of a workseeker to a client.

Records held relating to right to work in the UK

2 years after employment or engagement has ended – must not be alterable.

Criminal records checks/ Disclosure Barring checks

There is no longer a 6 month time limit on how long DBS certificates can be kept for. When it comes to handling and storing certificates the new DBS Code requires registered bodies to ‘handle all information provided to them by DBS, as a consequence of applying for a DBS product, in line with the obligations under Data protection Act 1998’.

National Minimum Wage documentation:

  • Total pay by the worker and the hours worked by the worker
  • Overtime/shift premia;
  • Any deduction or payment of accommodation;
  • Any absences eg rest breaks, sick leave, holiday;
  • Any travel or training during working hours and its length;
  • Total number of hours in a pay reference period

For HMRC purposes: 3 years after the end of the pay reference period following the one that the records cover (National Minimum Wage Act 1998)

 

 

5 years (in Scotland) in order to show that you have paid at least national minimum wage rates if a breach of contract claim is brought against you.

Sickness records – statutory sick pay

Kept for payroll purposes

Statutory maternity, paternity, adoption pay

3 years from the end of the tax year to which it relates

Pensions auto-enrolment (including autoenrolment date, joining date, opt in and opt out notices, contributions paid)

6 years except for opt out notices which should be kept for 4 years. For further information please see The Pensions Regulator’s detailed guidance for employers.

Company Financial Records

VAT

6 years

Company accounts

6 years

  • Payroll information
  • CIS records

3 years from the end of the tax year –